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19 Mar 2024, 6:08 pm
Historical context is also of critical importance for identifying what values or goals or frameworks were considered and rejected, as a basis for better understanding what was adopted and developed. [read post]
30 Jan 2024, 9:02 pm by renholding
This may inflict precisely the kind of societal harm the Founders adopted the First Amendment to protect against . . . . [read post]
24 Dec 2023, 9:05 pm by The Regulatory Review
Pierce, Jr., George Washington University School of Law Recent appellate judge’s dissent charts a radical approach to the nondelegation doctrine. [read post]
25 Jun 2022, 1:38 pm
Even when a business originates in a legal system that does not require profit as a primary goal, research shows businesses frequently adopt the Anglo-American approach once they move into the international trading system. [read post]
5 Jun 2022, 8:39 am by John Floyd
With the claim of immunity being pierced, the case can now proceed to trial. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
To adopt a per se ban on conduct covered by the rule of reason is to take out of the analysis the justifications for and benefits of the conduct in question. [read post]
14 Jun 2020, 9:05 pm by Richard J. Pierce, Jr.
The rates were so far below the market price of gas that they produced a large and growing national shortage of natural gas in the 1970s. [read post]
29 Dec 2019, 9:05 pm by Series of Essays
Hickman, University of Minnesota Law School The Supreme Court has repeatedly upheld statutory provisions calling for agencies to adopt such regulations as are “reasonable,” “feasible,” “in the public interest,” or some equally vague term—leading many commentators to declare that the nondelegation doctrine is dead. [read post]
20 Sep 2019, 12:53 pm
Yet if that is the case--that Article 6 is indeed a legal grimoire (and that would not be unusual), it is a grimoire with a tremendous flexibility, and thus a greater likelihood of producing the sort of incoherence between domestic legal orders that started the process of internationalizing this project in the 1970s in the first place. [read post]
30 Jun 2019, 9:05 pm by Jeremy Graboyes
Pierce offers one solution: adopt the rule of Daubert v. [read post]
6 Aug 2018, 8:38 pm
(Pix © Larry Catá Backer 2018)Last year I taught a course on Corporate Social Responsibility Law for the very first time (Corporate Social Responsibility Law--A Tentative Syllabus). [read post]
10 Apr 2018, 2:40 pm
This willingness of states and other public organs to delegate is especially potent with respect to rules states are unwilling or incapable of adopting through traditional assertions of public authority. [read post]
25 Feb 2018, 9:30 pm by Richard J. Pierce, Jr.
First, we should eliminate the system of primary elections for office that we adopted in the 1970s and return to the system we used before we implemented the misplaced “reforms” of the 1970s. [read post]
25 Oct 2017, 9:30 pm by Richard J. Pierce, Jr.
In the 1970s, the markets for natural gas and electricity performed poorly. [read post]
20 Aug 2017, 9:30 pm by Ronald M. Levin
This legislation was adopted with overwhelming support in each chamber. [read post]
5 Aug 2017, 5:37 pm
(Pix © Larry Catá Backer 2016) Several months ago I posted a draft syllabus for a new course on Corporate Social Responsibility (Corporate Social Responsibility Law--A Tentative Syllabus). [read post]
11 Apr 2017, 3:01 pm
There are many factors that have contributed to increased expectations for corporations to adopt CSR programs as governments have changed the scope and thrust of their regulatory and ownership roles, and as regulatory governance principles that favor of market-based approaches have become more compelling for many states. [read post]
16 May 2016, 11:35 am by Mark Walsh
Justice Elena Kagan has the first opinion of the day, in Merrill Lynch, Pierce, Fenner &  Smith Inc. v. [read post]
28 Oct 2015, 7:56 am by Robert Natelson (guest-blogging)
” Moreover, any inference that “he” and “men” were generic was weakened on Aug. 29, when Pierce Butler of South Carolina proposed, and the convention adopted, the first draft of the Fugitive Slave Clause. [read post]